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Reviewing Kentucky’s dram shop law

On Behalf of | Dec 22, 2020 | personal injury | 0 comments

It goes without saying that experiencing a car accident in Kentucky leaves you dealing with a great deal of frustration. That frustration may boil over into outright anger if and when you learn that the driver that caused your accident was under the influence at the time.

Many in your same situation have come to us here at Barbar Law looking to extend the liability for their accidents even further. They want to know whether the person, party or establishment that furnished the drivers that hit them with alcohol can also share in the blame. Is such vicarious liability even possible?

Third-party liability for car accidents

The legal philosophy of dram shop liability allows accident victims to hold the providers of alcoholic drinks liable for accidents their patrons later cause (the term “dram shop” comes from colonial times, when establishments sold alcohol in units known as “drams”). Generally, most states recognize that it is the decision by a person to drive after drinking that is typically the proximate cause of an accident (thus absolving any other parties of liability). Kentucky also adheres to this presumption, yet the state’s laws do allow for exceptions when negligence on the part of an establishment (or its employees) exists.

Dram shop liability in Kentucky

According to information shared by the Kentucky General Assembly, you can hold an establishment liable for any injuries you suffer (along with damages to your property) when involved in an accident with a drunk driver if the establishment furnished the driver with alcohol after the driver displayed behavior that a reasonable person would interpret as signaling intoxication. Once this occurs, you may argue that the establishment demonstrated towards your safety as well as that of others (including the driver).

You can learn more about assigning liability for a car accident by continuing to explore our site.

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